BY SAM ALFAN.

Deputy President Rigathi Gachagua has been accused of using illegal means to acquire a disputed parcel of land worth Sh1.5 billion in Embakasi near Jomo Kenyatta International Airport.

Prof Gordon Okumu Wayumba, a surveyor in affidavit filed in court says that he believes Wamunyoro Investment ltd used illegal means to acquire a title deed to the land, in blatant violation of the Land Laws of Kenya and the Constitution.

The surveyor defended Michael Ohas, who is also laying a claim to the land, saying he was the first person to be issued with allotment letters for the property.

“It is also not disputed that the 1s Respondent took all necessary measures to ensure that the property was registered in his name although the process took longer due to his ill health,” says Prof Wayumba.

He said Ohas and Columbus Company Ltd are the rightful owners of the property measuring 2 hectares, known as LR NO. 209/12077.

He added that there are two correspondence files and both based on the deed plans issued to implement the allotment in favour of John Michael Ohas.

He also adds that at the Physical Planning Department, there are two Part Development Plans one for the Columbus Two Thousands ltd and another for the Wamunyoro Investment ltd when it is clear from the records that only one PDP was issued in favour of the Michael Ohas and four others.

Prof Wayumba further states that at the Survey of Kenya, there is only one computation file (Comps File Number 30790) and Deed Plan for Columbus Ohas used to implement the allotment in favour of the company.

He further claims that also at the Ministry of Lands there are no receipts and at the Ministry of Lands there are no receipts confirming any payments done by the Wamunyoro Investment ltd.

“Furthermore, at the Ministry of Lands, there are no Stamp Duty files, Memorandum or Valuation forms for the Plaintiff and on the other hand Columbus Two Thousands ltd and Columbus company has diligently been paying for the land rent,” he stated.

In support of Ohas and Columbus company position that the Suit Property was procedurally and regularly allocated and registered in favour of Columbus Two Thousands ltd.

“I believe that the clarifications in this Affidavit should lead to a declaration that the Title in favour of the 2nd Defendant/Respondent was duly processed through allotment, survey, and registration through allotment, survey and registration,” says Prof Wayumba.

Prof Wayumba further dismissed claims by senior assistant land registrar Nyandoro David Nyambaso, who is based at Ardhi House, who said the title held by Columbus Two Thousand limited was irregularly issued.

Prof Wayumba says that contrary to the allegations of Nyandoro in his affidavit that the first grant to Property LR. 209/12077 was issued to Karandi Farm ltd which grant was reported missing, the first grant to the Suit Property was issued to Ohas in 1994.

He adds that the Deed Plan mentioned by Nyandoro’s affidavit as the true and original copy used by Wamunyoro Investment ltd to prepare their purported title was actually prepared by myself.

“Contrary to the averments by Nyandoro, the Deed Plan was prepared for the purposes of implementing the grant in favour of the 1 Respondent and registration of title for the 2nd Respondent and not the Plaintiff,” he said.

He further adds that contrary to averments by Nyandoro, the Commissioner of Lands could not have been moved to register the property through an allotment to a third party using a Deed Plan intended to implement an allotment to the Ohas.

Further, and contrary to the averments by Nyandoro, in case of a First Grant, the Deed Plan is submitted to the Commissioner of Lands Directly by the Director of Survey upon the instruction through an Indent Letter.

Nyandoro in his affidavit told the court that Wamunyoro Investment Limited, which is linked to Gachagua held a title deed to the land and the same had never been revoked or cancelled.

“Under the circumstances, the title held by Columbus Two Thousand limited ought to be cancelled unless the court declares otherwise,” said Nyandoro.

Wilfred Muchae, the director of survey told the court that an examination of the application for a certified copy of the deed plan revealed that there were some anomalies which may not detected at the time of processing the application

BY NT CORRESPONDENT.

The secretary general of the Kenya Water and Sewerage Workers Union Elijah Otieno Awach has been charged with forgery.

Awach appeared before Milimani Senior Principal Magistrate Esther Kimilu and denied the charge.

It is alleged that with intent to defraud, Awach forged the signature on National Executive committee minutes purporting it to have been signed by Ahmed Bashir Mohamed.

The charge sheet stated that he committed the offence on February 12, 2021 in Nairobi.

Further, Awach allegedly uttered the same minutes to Billy Kagia, an employee of Cooperative bank, purporting it to be genuine and signed by Bashir.

He allegedly committed the offence on February 19, 2021 at Cooperative bank, Buruburu branch.

The court released on a cash bail of Sh200,000.

BY SAM ALFAN.

A judge has upheld the sacking of a former chief executive officer of Fairview Hotel who was summarily sacked in 2017.

Employment and Labour Relations Court Judge James Rika dismissed case filed by former CEO Mohsine Korich whose contract was terminated in the year 2017.

Judge Rika said Korich was not able to fault Fairview Hotel, was unable to fit in, with the corporate culture of the hotel.

“He did not fit in, with those above him, and those below him. He insulted them all, and showed respect to none,” the judge said.

The former CEO had worked for the hotel for a total of 27 years, seven of them as the CEO and was earning a monthly salary of Sh1.5 million.

“The Claimant appears to have an underlying medical condition, which made him short-tempered, and ultimately, incompatible with his colleagues, both senior and junior,” the judge said.

The court further said Korich was reasonably accommodated and taken through counselling, but in the end, he remained unmanageable.

Korich had challenged his firing and a disciplinary proceedings against him but which he failed to attend even after being rescheduled on three occasions.

Among the complaints against Korich is that he did not respect the General Manager, would address the staff inappropriately and brought disrepute to the management team.

“The Claimant seems to the Court, to have conceded wrongdoing. In his response to the letter to show cause, he states that he felt angry and disappointed because the General Manager failed to ask him details of what had transpired the evening before. He alleged that he reacted to these feelings. He was sorry, that the General Manager felt intimidated,” says the court decision.

He did not deny being invited by the General Manager to discuss complaints against him but told the General Manager that he was not going to attend any meeting, and that the General Manager would have to wait, until the Board was present to discuss the issues.

“If you want to fire me, please go ahead, but I am not coming to any meetings anymore,” a message sent to the general manager and tabled in court showed.
Other than complains from the general manager, there were others from those subordinate to him at the kitchen, including the kitchen administrator, a chef and other staff who were allegedly subjected to cruelty by the former CEO.

The court noted that the former CEO took the position from the inception, that the assistant general manager Ross Thomson, was a young South African expatriate, not suitable to serve as second in command, in a labour market where there were better qualified indigenous Kenyans.

He did not therefore submit himself to the GM and when for example, he was invited to a meeting on October 9, 2017, to discuss work issues, he declined saying there was nothing to discuss, and when Thomson insisted on having a conversation, he was met with insults.